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Ikhtiar Rahman and other Vs. State, 2012, 41 CLC (HCD)
....ed of the charge and be set at liberty forthwith, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ......ment January 12, 2012. Result: The Jail Appeals are allowed. Lawyers Involved: Md. Aminur Rashid, Advocate-For the appellants in both the appeals. Yousuf Mahmud Morshed, Assistant Attorney General-For the respondent in both the appeals. Jail Appeal No.1285 of 2005 And Ja......mon Case No.79 of 2002 convicting the appellants in both the appeals under section 6(1) of the Nari-o-Shishu Nirjatan Damon Ain, 2000 and sentencing each of them thereunder to suffer imprisonment for life with a fine of Taka 5,000/- (five thousand) only in default to suffer rigorous imprisonment for..Category: Women and Children | Date: 12 Jan, 2012 | Hits: 155
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
.... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ......ppeals) Vs. Amena Begum Ali Ispahani…………….....Respondent (In both the appeals) Judgment January 10, 2012. Result: The appeals are allowed. Cases Referred to- 5 BLD (AD) 51;Civil Petition for Leave to Appeal No.360 of 2000;Manjunath Anandappa Urf Shi......also be borne in mind. Nevertheless, as we have explained earlier, in our view the period of limitation was never crossed as the action of the Vendor from time to time effectively gave a new lease of life to the agreement. 24. Turning to the action of the Purchaser, we find that she also was no..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....Court may deem fit and proper, should not be passed.” Averments figured in the petition, are summarized below: 2. The petitioner is the president of an organization named “Human Rights And Peace For Bangladesh (HRPB), which organization is engaged in promoting and defending hu...... January 6, 2012. Result: The impugned orders and decisions are set aside. Lawyers Involved: Manzill Murshid, Advocate-For the petitioner. A.B.M. Altaf Hossain, Deputy Attorney General with Ms. Yehida Zaman, Assistant Attorney General-For the Respondents. Writ Pe......dical bills of the Hon’ble S.C Judges. The petitioner seeks to bring this application by invoking Article 102 of the Constitution as a public interest litigation in order to protect the right to life, which is the duty of the petitioner as a court officer. The petitioner came with the applicat..Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12
Somed Ali Vs. State, 2011, 40 CLC (AD)
....death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ...... Judgment December 15, 2011. Result: The appeal is dismissed. Lawyers Involved: Md. Helal Uddin Mollah, Advocate—For the Petitioners. Zahirul Haque Zohir, Deputy Attorney General—For the Respondent. Jail Petition No.11 of 2007. (From the judgment and ......eath for more than 8(eight) years. Therefore, if this Court is not inclined to grant leave to appeal against the impugned judgment and order, the sentence of death may be commuted to imprisonment for life. 9. Mr. Zohirul Haque Zohir, learned Deputy Attorney General, appearing for the State supp..Category: Criminal Law | Date: 15 Dec, 2011 | Hits: 27
Harabilash Mitra Vs. Biswas & another, 2011, 40 CLC (HCD)
....ame to the learned Judges of the Nari-o-Shishu Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ......…(18) Lawyers Involved: Md. Ekramul Islam, Advocate - For the Appellant. Bivash Chandra Biswas, Advocate - For the Respondent No.1. Gazi Md. Mamunur Rashid, Assistant Attorney-General - For the State. Criminal Appeal No.1450 of 2006. Judgment M Enayetur ...... said occurrence were witnessed by many persons in the locality; if her wife did not rush to the spot the accused respondent would have violated her daughter which might have put stigma for her whole life. On the basis of the said first information report Mohammadpur Police Station case No.07 dated ..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 70
Masud Mahiuddin alias Masud Vs. State, 2011, 40 CLC (HCD)
....the trial. Let a copy of the Judgment and order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 145. ......…………………Accused-Petitioner Vs. State……………….......................................Opposite Party Judgment December 7, 2011. Result: The Rule is to be discharged. Lawyers Involved: Golam Kibria, Advocate - For the accused Petitioner. ......es Court must be slow to allow those the accused-petitioner who is the FIR named accused of a case punishable under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 where imprisonment for life with fine has been prescribed by law. 7. On such submission we have gone through the FIR w..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 126
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520.......………………………………………………………………………………..Respondent Judgment November 24, 2011. Result: The Appeal is allowed in part. Cases Referred to- Sivaji Bobade Vs. State of Maharashtra, (1973) 2 SCC 793; Sogaimuthu Padayachi Vs. Emperor, A......gment Surendra Kumar Sinha J. - Leave granted. 2. Appellants and another were convicted under section 4(2) (ka) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and sentenced to imprisonment for life with fine they were also convicted under section 4(2) (kha) of the said Ain and sentenced to ..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned brother, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ......Bangladesh and others....................................Respondents Judgment July 20, 2011. Result: The appeals and the leave petition are dismissed. Cases Referred to- ACC Vs. Dr HBM Iqbal, 15 BLC (AD) 45; Haryana Vs. Bhajan Lai, AIR 1992 SC 604; Dhaka Ware......es the protection of law. It has two parts (1) the citizens and the residents of Bangladesh have the inalienable right to be treated in accordance with law, and (ii) no action detrimental to the life, liberty, body, reputation of property of any citizen or resident shall be taken away except..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ......said Principle the same can not be accepted as confession, as the same were not in terms of the offence charged against them in this case. Therefore the statement of accused shall not have the effect to bind them nor could it be binding an other co-accused, ever if there is any element in the eviden......t the very outset and for the convenience of understanding sections 3 and 3A of the Explosive Substances Act, 1908 read as hereunder: "3. Punishment for causing explosion likely to endanger life, persons or property—Any person who unlawfully or maliciously causes by any explosive sub..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)
....rder without giving any unnecessary adjournment to the parties. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ......laintiff-Petitioner Vs. Abul Kashem and others…………………………Defendant Opposite Parties Judgment June 23, 2011. Result: The Rules are made absolute. Cases Referred to- Md. Moslemuddin Vs. Md. Jonab Ali, 17 BLD (AD) 328 = 50 DLR (AD) 13; Madaris Ali Vs. Biswambe......ion, became owner of the entire property of the schedule land. Abdul Jabbar died leaving two sons, Abul Fazal and Abul Basar and two daughters, Mabia Khatun and Saleha Khatun. Mabia Khatun during her life time entered into an agreement for selling her interest in schedule land to plaintiff on consid..Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ............................Appellants Vs. Mosammat Galman Begum and others............................Respondents Judgment June 15, 2011. Result: The appeal is allowed. Cases Referred to- Abdus Samad & others Vs. Md. Sohrab Ali and others, 33 DLR (AD) 113; Abdur Rashid Sarke......he pertinent fact that the seller-opposite party No.4 is none else, but his full brother and the father of the pre-emptees Sultanuddin Bhuiyan used to cultivate the case land as bargadar during the life time of her father and then under them and the seller used to give her the share of the crops, ..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Human Rights and Peace for Bangladesh Vs. Bangladesh, 2011, 40 CLC (HCD)
....: ......is disposed of with direction and made absolute. Lawyers Involved: Md. Manzill Murshid, Advocate-For the Petitioner. Tufailur Rahman, Advocate with A.B.M. Altaf Hossain, Deputy Attorney General -For the Respondents. Writ Petition No.3676 of 2010. Judgment AHM S......ization has mooted this petition to project the melanchoni that River Buriganga has been swamped by, with a prayer to seek our resolute and impassioned intervention to salvage this visibly ravaged life line of the city. 3. The petitioner a practicing lawyer of this Hon’ble Court, also cla..Category: Environmental Law | Date: 1 Jun, 2011 | Hits: 37
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
.... meeting which could not be called in any prescribed manner or which could not be conducted in the manner prescribed in the Articles of Association of the Companies Act, 1994. ............. (51) Rights in Rom Under section 71 of the Companies Act, 1994 the legislature has given protection ......udgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......lders of the Company. Mr. Imam has given description of the aforesaid litigations in the following manner: 1. Writ Petition No.6029 of 2005 was filed by one Md. Serajul Munir, a policy-holder of life insurance policy of the respondent No.1 Company, challenging election of policy holder-dir..Category: Company Law | Date: 26 May, 2011 | Hits: 9
Manager, Rupali Bank Ltd. Vs. M/S New Music Corner and another, 2011, 40 CLC (HCD)
....t record. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......of 1994 impleading the present respondents as defendants for realization of Tk. 17,07, 996.30. 3. The plaintiff in his plaint stated inter-alia that the defendant No.1 being a businessman, used to deal with electronics goods. He filed an application to the plaintiff bank to renew his previous ......years. In cross- examination this D.W. denied the suggestion that he violated the terms and conditions of the sanction letter. He further denied the suggestion that since he used to lead indiscipline life and used to go to club and spent lot of money there in gambling by selling pledged goods, the b..Category: Banking Law | Date: 18 May, 2011 | Hits: 209
Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
.... any order as to costs with the above observations. This judgment would govern both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ........Appellant (In Civil Appeal No.89 of 2010) Vs. Md. Gias Uddin Chowdhury and Others…………………………..Respondents (In both the appeals) Judgment May 15, 2011. Cases Referred to- Md. Khairullal Bhuiyan Vs. Hazi Nurul Alam Chowdhury, 35 DLR (AD) 338; Jilubhai Nanbhai Khachar......such construction as shall suppress the mischief, and advance the remedy, and to suppress subtle inventions and evasions for continuance of the mischief, and pro privato commodo, and to add force and life to the cure and remedy, according to the true intent of the makers of the Act, pro bono publico..Category: Property Law | Date: 15 May, 2011 | Hits: 100
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ......dshah Mollah, 41 DLR 11. Lawyers Involved: Rabiya Bhuiyan with Rafiqur Rahman Patwary, Nikhil Kumar Biswas and Shahanara Bhuiyan-For the Convict-Petitioner. K.M. Zahid Sarwar, Deputy Attorney General with Monzu Naznin (Rosy), Assistant Attorney General-For the State. Criminal Mis......u Nirjaton Domon Special Tribunal No.1, Dhaka convicting the convict petitioner under Section 9(1) of the Nari-0-shishu Nirjaton Domon Ain, 2000 and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Tk. 5,00,000/- in default to suffer R.I. for 5(five) years more in Nari-0-..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
....ovisions also in the Constitution, highlighting the rights of the people. Part II of the Constitution spells out the Fundamental Principles of State Policy, while, Part-III stipulates the Fundamental Rights of the people of Bangladesh.
6. Article 11 within Part II of the Constitution stipulates......hellip;…………..Respondents (In both the appeals)
Judgment
May 12, 2011.
Result:
Both the appeals are allowed in part with the orders.
Cases Referred to-
Government of Bangladesh and another Vs. Sheikh Hasina and another, (2006) 60 DLR (AD) 90; ......on. This Article glorifies the State Policy, emburdening the Republic with the obligations, among others to protect the dignity of its citizens. The dignity of a citizen is no less important than his life or limb. This Article casts a duty upon the State to protect the dignity of its citizens.
..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....side. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... April 25, 2011. Cases Referred To- 58 DLR 500; 10 DLR (SC) 29; 48 DLR (AD) 294. Lawyers Involved: Abu Taher Md. Saifur Rahman, Advocate-For the appellant. Md. Shohrowardi, Deputy Attorney General-For the respondent. Criminal Appeal No. 2797 of 2002. Judgment Md. Ruhul Qud.......3 were counted and found correct. Over the self same allegation, there was a departmental proceeding. The appellant was proved to be innocent in the said proceeding. Mirza Monwar Hossain, during his life confessed that he had misappropriated twenty five metric tons of food grains in 1988. 15. P...Category: Anti-Corruption Laws | Date: 25 Apr, 2011 | Hits: 200
Md. Aynal Haque Vs. State, 2011, 40 CLC (HCD)
.... sentence to the period undergone with fine as stated above. Send down the L.C. R. along with the judgment to the Courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ......……………………………………….Opposite party Judgment March 30, 2011. Lawyers Involved: S.M. Shahjahan Kabir, Advocate -For the petitioner. Bashir Ahmed, Assistant Attorney General-For the opposite party. Criminal Miscellaneous Case No. 4086 of 2004. Judgment ......ribunal No.2, Chuadanga in Nari-O-Shishu Case No.176 of 2002 convicting the petitioner under section 11(Kha) of the Nari-O-Shishu Nirjatan Daman Ain,2000 and sentencing him to suffer imprisonment for life with a fine of Tk.10,000/- in default to suffer rigorous imprisonment for 3(three) years more a..Category: Women and Children | Date: 30 Mar, 2011 | Hits: 100
Nazmul Islam alias Nazu Vs. State, 2011, 40 CLC (HCD)
....levelled against him and he be set at liberty at once, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460.......………Appellant Vs. State……………………..............................Respondent Judgment March 21, 2011. Result: The appeal is allowed. Case Referred to- Suhel Rana Vs. State, 57 DLR 591. Lawyers Involved: Harunur Rashid, Advocate - Fo......aman Tribunal No.2, Chandpur, in Nari-o-Shishu Case No.85 of 2003 convicting him under section 9(1)/13 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and sentencing to suffer rigorous imprisonment for life and to pay a fine of Taka 5,000, in default, to suffer rigorous imprisonment for 6 (six) mont..Category: Women and Children | Date: 21 Mar, 2011 | Hits: 165
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